What is the legal protection of doctor


  • The responsibility of doctors
  • An example from the life of ...

  • The responsibility of doctors

    The problem of poor quality of care and
    unprofessional actions of doctors, medical care defects
    mostly closed on one issue - increasing the responsibility
    physicians. However, along with this there is another, - the need to protect
    themselves against unfounded accusations by patients, that is,
    legal security professional work of the doctor. Article 63 of the Fundamentals
    Russian legislation on health protection of citizens, along with declarative
    contains important right insurance professional mistakes which
    in practice, for various reasons can not be realized. However, a growing number of
    Civil claims for compensation for physical requirements and
    pecuniary damage caused to health workers that
    cause for concern, often unjustified. This is evidenced by
    Practice Rostov Bureau of Forensic Medicine. Here are a few

    However, the medicine is so complex that it is permissible errors
    objective and subjective reasons which are numerous. Physician
    Error - this is a consequence of good medical errors when performing
    his professional duties. The main difference from other defects
    medical practice is the removal of negligent malpractice
    and ignorance physician. Wonderful clinician wonderful diagnostician
    Academician IA Kassirskii wrote: "Whatever is well supplied
    medical matter, it is impossible to imagine a doctor, already has over
    shoulders a great scientific and practical experience, with an excellent clinical
    school, very attentive and serious, which in its activities
    I could accurately detect any disease and as unmistakably
    to treat it. " This not only achieve medicine must know
    Patients. Therefore, for such defects at a failure
    the doctor can not be punished, no matter how bitter it was to take it
    the injured party. This doctor himself is experiencing an error and tries to
    consider for the future.

    What is the legal protection of doctorI would like to stay at the doctor causing
    damage to health, which, however, due to special circumstances,
    excludes his guilt. And it is important that the Criminal Code, which is usually
    establishes specific socially dangerous act (that is,
    crime and criminal responsibility for it), meanwhile, contains
    those articles that, despite the obvious signs of a crime,
    eliminates guilt. The law provides for such a possibility when there is
    the impact of certain conditions and at the confluence of fortuitous circumstances
    nature of the action or inaction of the person to be free from
    criminal liability. Such circumstances are found in the
    representatives of a number of professions, including medical. this is especially
    As for specialties such as surgery, trauma, obstetrics and
    gynecology, resuscitation, and others.

    For example, in medicine to
    eliminate the primary risk and achieve the goal - saving the life or
    causing harm to the patient's health sometimes have to act in
    conditions of extreme necessity. This is provided for in Article 39 of the Criminal Code
    "Urgency", which explicitly states that the infliction
    harm in a state of extreme necessity, that is, to eliminate
    danger of imminent person, if the danger is not
    could be eliminated by other means, is not a crime.
    The sources of impending danger doctor may be in medical practice
    or other health care professional, guilty or innocent behavior
    which leads to dangerous consequences. It is imperative that a
    excluding unambiguously imposes civil liability,
    and provided by the Civil Code. This is an article in 1067, "Injury
    in a state of emergency. "

    By the terms of the legality
    an act of extreme necessity may include, in addition to a true state
    urgency, timeliness, it should not exceed
    limits necessary for the harm caused to be smaller than

    Not less frequently in clinical practice
    meets another circumstance in which the guilty infliction
    harm is not a crime - it is a reasonable risk.

    - Is a human right to creative research, to obtain the most from its
    point of view, reliable and profitable results to achieve their goal.
    It is peculiar to certain occupations, the tactics necessary actions or
    omissions which often entails a certain risk, and when
    decision, and the rejection of it can be dangerous for the patient.
    However, it should be in the case of risky behavior medic
    justified because the risk in areas such as medicine, pharmacy,
    genetics, ecology may cause harm to human health.

    risk in medicine has always had supporters and opponents, caused
    controversy. The inevitable need for new proven would
    methods of prevention, diagnosis and treatment, the use of new
    to the use of unauthorized drugs and immunological
    drugs actually there is a risk in order to save a person's life. AT
    medical science and practice, the continuous introduction of new and necessary
    very common. Undoubtedly, this also applies to new methods
    diagnostic procedures and surgical interventions.

    use of the right guaranteed to risk the doctor or other
    health care provider, which is a source of generating a risk of
    harm to legally protected interests of the patient, article 41 of the Criminal Code
    "Justified risk."

    Often, doctors, consciously and reasonably
    the risk in order to save the patient and damaging his health, they do not know
    that the law exempts them from prosecution, even when
    the occurrence of serious consequences and does not consider them harm suffered,
    crime. However, the justification for a medical worker
    given the current situation, according to this article, can be
    lawful only if certain conditions were met,
    causing the risk of legitimacy.

    The risk is recognized
    justified if the specified target could not be achieved does not
    associated with the risk of actions (inaction) and the person who committed the risk
    It has taken adequate measures to prevent harm to protected
    criminal law interests. The risk is not recognized as valid, if it
    obviously it has been fraught with a threat to people's lives. it safe
    They should be directed only to achieve a socially useful purpose,
    which in medical practice, it is the preservation of life and health
    patient or causing him harm smaller, compared with
    available. The risk is legitimate if the target could not be achieved in no other
    risky way and the doctor used the opportunity not received
    desired result.

    Important degree of competence and
    physician professionalism, to make decisions. In addition to this vertical
    incompetence horizontal isolated incompetence when
    specialist does not know the necessary rules, regulations, instructions, guides
    or restrict its behavior in such cases. True, it is worth
    Note that here, in contrast to Germany, England, USA, is not legally
    stipulated degree of information about the risks faced by
    patient, accepting or rejecting the intervention, that is, there is no
    "Legal standard" informed consent. This vagueness
    It leads to the fact that it all depends on the opinion of the expert group and
    influence on the decision by the court.

    An example from the life of ...

    Here is an example of our
    expert practice in which the evidence of harm caused
    suspicion of illegality, and the doctor's actions substantiate the complaint and
    the appointment of a forensic medical examination. However, the circumstances,
    that have been proven by the expert commission allowed the investigator
    refer to article 43 of the Criminal Code, to prove the validity of the risk and thus
    eliminate crime.

    In the rural district hospitals in
    intoxicated delivered gr Mr. P., who was at the wedding
    injury with a sharp object. When a victim has sharply
    pale skin and mucous membranes, pulse, blood pressure 80
    60. Detected stab wound inner surface of the right
    a hip femoral artery injury. From the wound flowed throbbing
    blood stream. By this time, the pulse on the right foot is not determined on
    carotid artery was thready and weak. Since the hospital did not have
    professional and any medications for immediate infusion
    therapy, therapist after primary treatment of wounds and tourniquet
    the patient was sent by ambulance to the CRB. There was
    It established an extremely serious condition, numbness in his right leg, foot
    cold to the touch of a marble look. Therefore it was amputated
    lower leg at the upper third.

    What is the legal protection of doctorRelatives of the victim have filed
    complaint to the prosecutor's office for unprofessional actions of the doctor CRH, which
    not immediately sewed up the damaged vessel, and long (on transportation time
    patient) immobilization led to amputation. He was appointed
    forensic medical examination, which was attended by
    highly qualified specialists. The experts found that the actions
    doctors were correct. The delay was unacceptable, as threatened
    general blood poisoning and death, and he took the risk, which has been
    justified, as it prevents more dangerous - offensive
    of death. The risk was justified - the patient's life was saved. This conclusion
    It was the basis for the refusal to initiate criminal proceedings.

    It occurs in medicine, so called accidents (incidents) in
    a variety of complications that can not be foreseen and
    prevented. And they often occur unexpectedly in a sudden
    cardiac arrest or allergic reaction, despite the adoption
    necessary measures, such as the preliminary tests. Casus,
    having all the signs of intentional or negligent action, in contrast
    of them committed innocent and does not entail criminal liability.
    Article 28 of the Criminal Code provides for innocent causing harm if the person
    committed it did not realize, and could not be aware of the social
    the danger of their actions, or does not foresee the possibility of occurrence
    socially dangerous consequences and, on the facts of the case, should not
    or could not have foreseen. The reason for the lack of recognition of guilt
    is the circumstance in which a person, although anticipated
    the possibility of occurrence of serious consequences, but they could not

    Gy Mr A, was admitted to the hospital 34 years over
    sided pneumonia in a satisfactory condition. After
    Survey prescribed treatment, but the next day he died suddenly
    with symptoms of anaphylactic shock. The investigation of this case
    It showed that the death occurred a few minutes after
    intramuscular him 500 thousand units penicillin. And injection
    was performed according to the instruction, 25 minutes after
    hyoid tests revealed no signs of intolerance. And when
    patient survey noted that the introduction of allergy medicine does not.
    Following the reasoning, "After - then due to" family
    doctor accused of causing death by negligence.
    Forensic medical examination in the investigation of any signs
    improper healing is not noted, although the conclusion was made straight
    the causal link between the introduction of penicillin and. the onset of death.
    It was found that this complication could not be foreseen that
    it should be regarded as an accident with innocent infliction
    damage as provided for in Article 28 of the Criminal Code.

    It should be noted that in all such cases in the steps
    preliminary investigation and trial basis
    to establish apparent harm in good faith and
    professional performance of their duties or innocent
    causing harm to the patient's health, it is the conclusion of a commission
    forensics involving highly
    specialists. Physicians should keep in mind that the object of this examination
    are the materials of the case and, above all, a medical card - important
    a legal document, a source of evidence in the case. Protection from the doctor
    unfounded accusations is also its legal literacy,
    knowledge of the basics of health law and, paradoxically,
    certain articles of the Criminal Code.

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